2018 (1) TMI 1761

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....e case & in law, the Ld. CIT(A) has erred in allowing a relief of Rs.94,77,441/- out of the addition of Rs. 94,79,441/- made by the AO on account of disallowance u/s 14A read with Rule 8D of the act. 2. Whether on the facts and circumstances of the case & in law, the Ld. CIT(A) has erred in ignoring that the disallowance was made according to the section 14A read with Rule 8D of the Act. 3. Whether on the facts and circumstances of the case & in law, the Ld. CIT (A) has erred in ignoring that the disallowance u/s 14A read with Rule 8D was made as per the calculation submitted by the assessee. 4. That the order of the Ld. C1T (A) is erroneous and is not tenable on facts and in law. 5. That the appellant cr....

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....d the disallowance to the amount of exempt income of Rs. 2000 earned by the assessee. Aggrieved, the Revenue is in appeal before the Tribunal raising the grounds as reproduced above. 3. All the grounds raised by the Revenue are in relation to disallowance under section 14A read with rule 8D of the Act. 4. Ld. DR supporting the order of the Assessing Officer submitted that disallowance made by the Assessing Officer following rule 8D of the Income-tax Rules should be upheld. 5. On the other hand, the learned counsel of the assessee submitted that in the immediately preceding assessment year i.e. 2009-10, the Tribunal, Delhi bench in ITA number 04/07/2006/Del/2014 following the decision of the Hon'ble Delhi High Court in the case of j....